5.32.120 Cardroom regulations.
It is unlawful to operate a cardroom in violation of any of the following rules and regulations:
A. Not more than one cardroom shall be located at any one address;
B. No person shall deal, play or carry on, open, or cause to be opened, or conduct, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, tan, fan-tan, stud-horse poker, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, dominoes, or any other device, for money, chips, checks, credit or other representative of value, or bet at or against any of said prohibited games in any cardroom;
C. Not more than ten tables shall be permitted in any cardroom;
D. Not more than ten players shall be permitted at any one card table;
E. Cardrooms shall be located on the ground floor of the licensed premises and arranged so that the card tables and the players at the tables shall be plainly visible and open to inspection by competent authorities at all times;
F. No minor shall be permitted at any card table or shall participate in any game played thereat;
G. The play of any and all games at the cardrooms approved pursuant to the California Gambling Control Act (Business and Professions Code Section 19800 et seq.) shall be permitted so long as approved by the chief of police pursuant to the rules set forth in this section and placed on the permissible game list for the cardroom.
1. The cardroom shall apply to the chief of police or his designee to play such games approved by the California Department of Justice, Bureau of Gambling Control, by providing evidence of the game’s written approval from the Bureau of Gambling Control to the chief of police, the game’s rules for play and any supplement information required by the chief of police.
2. The chief of police may add the game to the permissible game list for the cardroom or may reject the addition of the proposed permissible game to the permissible game list if the chief of police finds that the proposed permissible game is not a controlled game under state gambling law and does not have written authorization from the California Department of Justice, the California Gambling Control Commission or a final court determination; or, the playing of the proposed permissible game conflicts with federal or state law or this chapter. The chief of police shall have fifteen days following receipt of the licensee’s application to deliver written notice to the cardroom informing that the game will not be added to the permissible game list, with the required findings. The failure of the chief of police to deny the application within that period shall be deemed approval therein and the game shall be automatically added to the permissible game list. A denial by the chief of police shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within ten days after the denial. If an appeal is not filed within the ten-day period, the action of the chief of police shall be final and subject to reconsideration one year after the denial.
3. The chief of police shall maintain and make available to the public a list of permissible games that may be played at each city cardroom and the rules on how each game and variation thereof is to be played. The cardroom shall only allow the playing of permissible games, when added to the permissible game list, and play shall only be in strict conformity with the rules on file with the chief of police. The chief of police shall provide immediate notice to the cardroom of any amendment to the cardroom’s list of permissible games.
4. The chief of police may temporarily withdraw approval of a permissible game or games if one of the following findings can be made:
a. The playing of the game has led to an increase in complaints of cheating or an increase in police service;
b. The playing of the game has created a public nuisance or disorder in the community; and
c. The playing of the game has been detrimental to the public health, safety or welfare of the citizens of Marina.
Upon making the finding or findings listed above the chief of police shall deliver to the cardroom a written notice to cease and desist the play of that game or games, with the applicable finding or findings and any applicable evidence. The cardroom shall have thirty days to meet and confer with the chief of police and provide evidence that the identified issues are corrected. The chief of police may repeal the cease and desist notice if the cardroom satisfactorily corrects the identified issues or refer the matter to a hearing before the city council to revoke the approval of the permissible game or games. The hearing shall be held by the city council within sixty days of the delivery of the cease and desist notice, or as soon thereafter as is practical. The hearing shall adhere to the rules of due process for revocation and revocation shall be based on one or more of the findings set forth above and supporting evidence.
5. Subsection (G)(1) of this section shall not apply to the play of any game at any city cardroom permitted by the California Gambling Control Act and by the city prior to the effective date of this subsection G which is March 21, 2013;
H. The chief of police may require, at his or her discretion, all permittees to implement reasonable security measures in and around any cardroom to insure the safety of patrons. A uniformed guard shall be employed by and be on duty at each cardroom from eight p.m. to two a.m. on Sunday through Thursday nights or to six a.m. on Friday nights (i.e., Saturday mornings) and Saturday nights (i.e., Sunday mornings) on each day that the cardroom is in operation. Such guard shall be considered a cardroom employee under the work provisions of Section 5.32.060;
I. All cardrooms subject to the provisions of this chapter may remain open for operations up to a maximum of twenty-four hours per day, during such hours of the day as the cardroom permittee shall determine, and the hours of operation shall be clearly posted;
J. There are no mandatory limits on the amount wagered in any permitted games. A cardroom permittee may impose wagering limits on any game, at his or her discretion. If wagering limits are established by the cardroom permittee for games, the limits for each game must be clearly posted;
K. The city council may by resolution, after a noticed public hearing, adopt such additional rules and regulations, not otherwise in conflict with this chapter, in furtherance of the purpose of this chapter. (Ord. 2015-01 § 2, 2015; Ord. 2013-03 § 1, 2013; Ord. 2009-02 § 2, 2009; Ord. 2002-02 § 1, 2002; Ord. 2000-08 §§ 2, 3, 2000; Ord. 99-20 §§ 2—5, 1999; Ord. 96-18 § 5, 1996; Ord. 96-6 § 2, 1996; Ord. 95-15 § 4, 1995; Ord. 86-12 § 1, 1986; Ord. 85-7 § 1, 1985; Ord. 85-1 § 2, 1985; Ord. 81-12 § 1, 1981; Ord. 79-7 § 12, 1979)